Malaysians Against Death Penalty and Torture (Madpet) is shocked that
it has been reported that Malaysia has recently revoked passports of
about 68 Malaysian men, women and/or children, who now are allegedly not
even in Malaysia, based on what can only be safely said to be a
‘suspicion’ of their involvement with a militant group - the Islamic
State (IS).

“...Deputy Prime Minister Ahmad Zahid Hamidi said their involvement
with the militant group was uncovered by intelligence... “They no longer
have travel documents as Malaysian citizens...” Ahmad Zahid, who is
also Home Minister, told reporters...” (The Star, Aug 7, 2016 - Gov’t cancels passports of 68 IS supporters)

The impact of the Malaysian government’s actions on its own citizens
is not only unjust but draconian. The cancellation of passports would
reasonably make all these people ‘illegal’ immigrants, who will risk the
possibility of arrest, detention, imprisonment and/or deportation. Now,
if the laws of the country where these affected Malaysians are, are
like those in Malaysia, it may also mean that they may even be subjected
to whipping for being ‘undocumented’ migrants.

Without a valid passport or travel document, these Malaysians will
have no way to travel beyond borders - and they may be forced to resort
to using the services of ‘people smugglers’ or some other illegal means
just to travel beyond borders, simply to get back to Malaysia and to
their families.

Obligations under the Convention on the Rights of the Child (CRC)

The minister, in the said news report, indicated that children will
be affected by this action, when he cited as examples the case of “two
families with young children”. Madpet reminds Malaysia of its commitment
to upholding the ‘best interests of the child’ and the Convention on
the Rights of the Child (CRC). The best interest of children in
Malaysia, whose parents have been affected by this draconian action,
should also be of concern.

Presumption of innocence until proven guilty in a court of law

If these 68 persons have allegedly broken Malaysian laws, then
Malaysia must be interested to bring them back to Malaysia, to be
charged and accorded the right to a fair trial in an open court.

It is troubling that the government seems not at all bothered about
bringing them back home to face justice. In fact, in the said The Star report,
the minister said that at least two families had said that they “want
to come home”. The minister also allegedly said, “Those who had left the
country to go and serve the militant group did not deserve to return
home.”

“...Ahmad Zahid added that there will be no compromise with those who
have betrayed their country and people. “We will disown them,” said
Ahmad Zahid, adding that the government does not want “ideological
criminals” in the country...’ Sadly, the news report fails to mention
the specific law that these persons have allegedly broken, or what the
minister meant by the phrase ‘ideological criminals’.

Justice demands that everyone is presumed innocent until proven
guilty in court. Everyone deserves the right to be heard, and a fair
trial.

Arbitrary administrative action of revoking passports unjust

This revocation of the passports of Malaysians is just like detention
without trial, where the administration (or the executive) arbitrarily
decides and do, and this is very wrong and most unjust. Now, in these
case, the victims are literally ‘abandoned overseas’ - making it very
difficult for them to even go and file a judicial review against the
government’s decision to revoke their passports, or consider other legal
actions concerning the remarks made about them.

The revocation of the passport of a Malaysian citizen, without first
according the proposed victim the right to be heard is unacceptable.
This revocation seems to be simply an administrative action, a decision
of the prime minister and/or his cabinet - not even pursuant to any
court order. Zahid Hamidi revealed in the media report that the
“passports were cancelled two weeks ago after Prime Minister Najib Abdul
Razak directed the move...”

At this moment and time, the credibility and competency of Malaysia’s
own investigation capacity is in doubt. In the news report, the
minister says that the evidence in support was “uncovered by
intelligence” - but sadly there was no mention as to whether it was
Malaysian intelligence, US intelligence or some other international
‘intelligence’ organisation.

The minister goes on to imply that there are photos - “..."But what
they are doing now is washing toilets and sweeping roads there. I have
photos to prove it.” From what has thus far been revealed by the
minister in the said news report, sadly fails to show that there is any
basis to revoke their passports. There is a possibility that they may
simply be victims of human trafficking, or simply migrant workers?

Administrative actions can, many a times be based on allegations or
un-tested evidence, and that is most dangerous. That is why there is a
need for a fair trial - when the prosecution can present their evidence,
the accused will have a right to be heard, and the courts will decide
whether there sufficient evidence to convict a person of a crime.
Sentence follows a conviction by a court of law.

Actions that will affect the rights, freedoms and liberties of
persons, should not be simply based on the ‘decisions’ of the executive
arm of government, or some minister or public officer. It is best that
such actions like this revocation of passport be carried only pursuant
to a court order, where there will be every opportunity accorded to
potential victims to have the right to be heard and/or to appeal the
decision.

Alleged M’sian perpetrators of crime should be brought back to be tried

In this modern age, the freedom of movement within the country and
out of a country should be considered an inalienable right for every
person, especially citizens. People today move in and out of countries
for work and business. This freedom of movement and the right to a
passport should not simply be violated simply by administrative
decisions. It must only be done pursuant to a court order, after the
alleged victim has been accorded the right to be heard.

The deprivation of the right of a citizen to return to Malaysia is a
violation of human rights. Article 12(4) of the International Covenant
on Civil and Political Rights (ICCPR) states that, ‘No one shall be
arbitrarily deprived of the right to enter his own country.’

Madpet urges Malaysia to do the needful to ensure the re-entry of all
the said 68 Malaysian citizens (and any other persons) who Malaysia may
have arbitrarily caused their passports to be revoked, so that all
these Malaysian citizens, who allegedly committed crimes, will face
justice in Malaysia. They should all thereafter be charged and accorded a
fair trial.

Madpet also says that, in the event, it is proven that the government
actions of revoking passports were found to wrong and/or baseless by a
court of law, just compensation ought be paid to these victims who
suffered by reason of Malaysia’s administrative actions.

CHARLES HECTOR is coordinator for Malaysians Against Death Penalty and Torture (Madpet).

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